Loading chat...
MO HB2580
Bill
Status
2/18/2016
Primary Sponsor
Holly Thompson Rehder
Click for details
AI Summary
-
Amends Section 475.050 RSMo to require courts to appoint guardians following a strict priority order, rather than simply "considering" priority persons as under current law
-
Courts must find a priority person deficient in their ability to serve before selecting someone else as guardian or conservator
-
Priority order for appointment: (1) person nominated by the incapacitated individual if able to communicate, (2) person named in durable power of attorney or written instrument from within 5 years, (3) spouse, parents, adult children, siblings, and close relatives, (4) persons nominated in a probated will
-
When substandard living conditions are claimed as grounds for deficiency, the Department of Health and Senior Services must investigate and report before the court can rule
-
To disqualify a priority person based on living conditions, courts must specifically find the conditions are dangerous or unsanitary and materially affect the life, health, or safety of the incapacitated person
Legislative Description
Changes the laws regarding the priority of persons to be appointed guardian of an incapacitated person or conservator of a disabled person
Last Action
Voted Do Pass (H)
5/2/2016